Moral Theology A Complete Course Based on St. Thomas Aquinas and the Best Modern Authorities

viii. 10), to expend secretly the money collected for the poor might

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have the appearance of improper use of funds (II Cor., viii. 20, 21). Hence, St. Paul directs; “From all appearance of evil refrain yourselves” (I Thess., v. 22).

1454. The acts wrong in reality or in appearance that give scandal are innumerable, since the whole world is seated in wickedness (I John, v. 19). But today there are a number of acts that should be specially mentioned, as they occasion sin oftener or for more persons than other acts. Among these are: (a) occasions of sin against faith, such as atheistical literature, as discussed in the section on faith; (b) occasions of sin against morals, such as obscenity in dress, pictures, plays, writings, and dances. These last-mentioned will be discussed now in separate paragraphs.

1455. Obscenity.--Obscenity is a quality of words, acts or objects by which impure thoughts are conveyed, or impure desires or actions suggested. We may consider it either internally (i.e., in the intention of the person who uses the words, acts or objects) or externally (i.e., in the nature of the things themselves which are used).

(a) Thus, internal obscenity, or the will to use what will corrupt the minds and morals of others, is of course a mortal sin. If the intention is to deprave another, the guilt of direct scandal is incurred; if the intention is only to satisfy one’s own wish to use the sinful words, acts or objects, the guilt is that of indirect scandal. Thus, a woman who dresses fashionably in order to excite impure love is guilty of direct scandal; if she dresses immodestly, not to excite impure love, but to follow a fashion, she is guilty of indirect scandal.

(b) External obscenity is the tendency of words, acts or objects themselves to call up impure images in the mind, or to excite impure desires or actions in those to whom they are presented. The use of such words, acts, etc., is therefore a mortal sin. For, if the thing said or done is wrong in itself (such as obscene language), it is a scandalous sin against purity, if it is wrong on account of those who will be influenced (such as a talk on sex matters to immature or weak persons), it is a sin of scandal. Hence, a good or even religious motive (such as instruction, refutation of error, health, or mysticism) does not excuse the employment of what is clearly obscene, for the end does not justify the means.

1456. It is not always easy to determine in particular cases when a thing is obscene from its very nature, but the following general rules can be given:

(a) Pictures, statues and other images are obscene, when they represent scenes of immoral or sexual acts, or lascivious attitudes or postures; also, when they represent nude or partly nude human figures, ut quando depinguntur verenda adultorum vel pectora aut partes minus honestae mulierum.

(b) Female dress or adornment is lascivious, when there is a notable display of the person through abbreviated skirts, necks, and sleeves; or a suggestiveness expressed in transparency of material or a closeness of fit that brings out the lines and curves of the figure; or in an extremity of fashion whose striking color or design will make the wearer conspicuous and direct special attention to her physical charms.

(c) Plays on the stage or moving picture screen are obscene by reason of the lesson taught (as when purity is derided or impurity condoned), by reason of the thing represented (as when the main theme is impurity, or when acts of impurity are represented or suggested, or when sexual passion is emphasized), or by reason of the players (as when they are noted for immorality, or when their dress is indecent, or their language objectionable).

(d) Dances are obscene in themselves when the postures, movements, or contact of the dancers is indecent; they are obscene by reason of the dancers, when these are indecently attired. Public dance halls, cabarets, road houses, and night clubs--where there is no supervision and young girls come unattended to dance until late hours with men unknown to them, and where there is intoxication and boisterousness--are the natural haunts of the obscene dance, but it may be found even in more respectable places.

(e) Books or other writings contain obscenity When they inculcate or recommend impure acts, or advise how these may be committed; when they treat sins of impurity or narrate immoral facts or stories in such a manner as to make vice seem alluring or pardonable to the intended reader; when an erotic composition by language, allusions, details, sympathetic treatment, etc., gives prominence to animal passion.

1457. As is stated elsewhere (see 1461 sqq.), scandal is not given unless the persons affected by one’s conduct are susceptible to evil influence. Hence, there is no obscenity when on account of circumstances there is no suggestion of evil in things which under other conditions would be immoral and seductive.

(a) Images of the nude in the studio of an artist, and anatomical charts, figures or illustrations in a book intended for the instruction of medical men, are not classed as obscene, since the persons for whom they are made are supposed to be so much under the influence of the esthetic or scientific principles of their professions that no harm will be taken.

(b) The obscenity of dress is largely dependent on its novelty, for things that are usual cease to excite special attention. This we can see from the fact that styles that are conservative today would have been extreme ten years ago. And so the scanty attire of hot countries, the dress of the bathing beach, and the moderate decollete tolerated in private gatherings are not obscene in their own proper times and places.

(c) Plays which contain gross or unseemly expressions or passages are not therefore obscene, if in the main they uphold decency and morality; otherwise, we should have to regard as immoral even the classic drama. Newman says of Shakespeare: “Often as he may offend against modesty, he is clear of a worse charge, sensuality, and hardly a passage can be instanced in all that he has written to seduce the imagination or to excite the passions.” It is a simple matter to omit from plays of this kind the word or phrase that is offensive to modern ears or to the innocence of youth.

(d) The fact that some individuals find all dancing a strong stimulus to impure passion does not prove that every dance is obscene. Some types of dance, it is true, might be rightly called “the devil’s march”; other dances, named after various animals, may also be suggestive. But there are also standard types of dance in which many experience not temptation, but innocent pastime, and which have also physical, esthetic and social values.

(e) To books and other writings should be applied what was said about plays, namely, that they are not to be classed as obscene on account of isolated passages unsuited for the reading of children or other susceptible persons, or excitable to prurient or impure minds. Even the Bible may seem objectionable to a prude, and the indecent will go through its pages with a fine-tooth comb in the search for indecent matter; but public opinion will rightly class as a lunatic the person who would endeavor to have the Bible rated as obscene.

1458. Persons Who Give Scandal on Account of Obscenity.--(a) In case of obscene pictures or statues, scandal is given by the artists, painters, sculptors or others who make the images, and by the responsible persons who place them in museums, galleries, parks or other places to which there is general admission.

(b) As regards female dress, the guilty parties are proximately the wearers, but remotely and principally the designers and society leaders who impose their will in making the fashions dangerous and in causing one extreme mode to follow quickly upon another.

(e) With respect to obscene plays, the scandal is given by playwrights, managers, actors and actresses, and those who patronize or applaud them. The public itself and the civil authorities share in the guilt, when they supinely tolerate the degradation of the stage and the corruption of morals.

(d) In the case of obscene dances, the givers of scandal are the proprietors of resorts where the dances are held, the musicians and singers (especially when the songs themselves are obscene), and the dancers, spectators and other patrons.

(e) In the case of salacious publications or writings, authors, publishers, printers, vendors, and the reading public share responsibility for the scandal. Government censorship of the press is not desirable, but government suppression of obscenity has always been the policy of countries of English origin. The private citizen, then, is not free of guilt if he takes no interest even when he sees piles of indecent magazines, pictures, etc., being sold openly on the newsstands. Canon Law (Canon 1404) forbids booksellers to sell, lend, or keep books that deal _ex professo_ with obscenity, though there is no objection to expurgated editions, as in the case of classical works.

1459. Results of Scandal.--The spiritual ruin occasioned by scandal is sin.

(a) Thus, formal or material sin may be the result of scandal. Example: Titus blasphemed before a boy who did not understand the meaning of the word and before a youth who did understand, with the result that both repeated the same blasphemy. Thus, the scandal given by Titus produced material sin in the boy and formal sin in the youth.

(b) Mortal sin or venial sin may be the result of scandal, just as a stone in the road may cause either a fall or a stumble.

(c) Sin of the same species or sin of a different species from that committed by the scandal-giver may be the result of scandal. Thus, a calumny spoken against a neighbor may induce a hearer either to repeat the calumny, or to imitate the act imputed by the calumniator, or to give up religion.

(d) Sin already committed by the person scandalized or sin which is new to him, sin he had in mind to commit or sin he had not contemplated--any one of these results suffice for scandal. Example: It is scandal to recall to drunkenness by bad example a person who had reformed, or by bad example to bring back to another’s mind and desire a sin on which he was once resolved.

1460. Scandal resembles solicitation and complicity, since like them it exercises an evil influence on others; but it is not identical with them.

(a) Thus, solicitation influences another to evil by counsel, persuasion, command, or invitation; scandal may influence to evil either in these ways or by mere example. Again, solicitation does not necessarily intend the fall of another into guilt, as does scandal. Thus, one may solicit another to get drunk who had already determined to get drunk, or one may persuade another that drunkenness is no sin, and then solicit him to drunkenness. But, if one who intends the demoralization and corruption of his neighbor solicits him to drunkenness, solicitation is joined with scandal.

(b) Complicity or cooperation influences another to evil by helping him in the commission of sin; scandal influences him to evil by suggesting that he commit sin. Example: Titus, an elderly man, gets drunk or praises drunkards in the presence of Balbus, a youth. Influenced by these acts and words, Balbus tells his acquaintance Claudius that he intends to get drunk, and Claudius supplies him with the intoxicants. Titus is guilty of scandal, Claudius of cooperation.

1461. The persons before whom disedifying words, deeds or omissions are done, are of two classes. (a) Persons apt to be scandalized are those who are not experienced either in vice (especially that to which the disedifying example would lead), or in virtue (especially the opposite virtue); for such persons are readily subject to bad influence. Thus, young persons Whose character is yet unformed, the ignorant and well-meaning persons who are weak, are peculiarly disposed to be led astray by example. (b) Persons not apt to be scandalized are those who are habitually so bad or so good that anything disedifying done before them is not calculated to influence their attitude towards evil.

1462. May a person hold himself guiltless of scandal, therefore, because his wrongdoing was committed before those who are not apt to be scandalized?

(a) If he is certain that the witnesses will not be weakened morally on his account, and if he does not intend their fall, he is free of the guilt of scandal. Thus, if one blasphemes in the presence of a lady renowned for piety, or of a rough crowd of men whose daily talk is interspersed with blasphemies, it is practically sure that no scandal is given.

(b) If a person is not certain that the witnesses will suffer no moral harm through his example, he cannot hold himself as not guilty of scandal. For, no matter how good or how bad the witnesses may appear to him, they may not be as fixed in character as he thinks, and his misconduct may be the starting point for them of a downward course or of a more rapid descent into evil. Generally speaking, there is this uncertainty about the influence of bad example, for the reading of character is no easy matter, and many sins are internal.

1463. There are two cases especially, when even the very good may become bad or the very bad become worse through force of evil example: (a) when the sin committed is from its nature very alluring. Sic auctores censent vix fieri posse quin in materia luxuriae malum exemplum peccati motus cieat; (b) the second case is when the authority of the one who gives scandal is great. For the fact that he sides with or seems to side with evil, will demoralize the good and encourage the wicked in wrongdoing.

1464. Passive scandal (see 1452), that is, the spiritual fall consequent on the example of another, is of two kinds: (a) scandal given, which is a fall into sin occasioned by conduct really disedifying, as when a youth becomes drunk because he has seen his elders intoxicated; (b) scandal taken, which is a fall into sin occasioned by conduct irreproachable in itself, but wrongly interpreted, either out of malice (Pharisaic scandal), or out of ignorance or frailty (scandal of little ones). The Pharisees were scandalized at our Lord’s dining with sinners, because they themselves were unmerciful (Matt., ix. 11 sqq.), and the weak brethren at Corinth were scandalized at the eating of certain meats, because their consciences were tender (I Cor., xi. 23 sqq.).

1465. Sinfulness of Scandal.--(a) Scandal in the wide sense is not necessarily a sin. Thus, St. Peter acted out of love for his Master when he wished to dissuade Him from the Passion, but our Lord, in order to correct more vigorously the wrong ideas of Peter, called them a scandal (Matt., xvi. 23).

(b) Passive scandal is always a sin in the one who falls because of the conduct of another; but it does not always suppose that the conduct which occasioned the fall was a sin, as is clear from the remarks made above on Pharisaic scandal and the scandal of little ones.

(c) Active scandal is always a sin in the one whose conduct occasions the fall of another, since that conduct is either sinful, or has such an appearance of sin that it should have been omitted. But it does not always suppose a sin in the person who witnesses the scandal, for he may proceed without a fall in spite of the obstacle placed in his path.

1466. Is scandal a distinct species of sin, or only a circumstance that may happen to any kind of sin?

(a) Passive scandal is not a special kind of sin. For the scandalized person may fall into any and every kind of sin, and the fact that example occasions his fall does not add any special or new opposition to the virtue against which he offends. Thus, he who breaks the fast because he saw others break the fast, is guilty of the same sin of intemperance as those who gave him scandal. But passive scandal may be an aggravating or an extenuating circumstance, aggravating if the scandal was taken, extenuating if the scandal was given.

(b) Active scandal, if it is only indirectly intentional (see 1450) and is offered by conduct evil in itself, is not a special sin. The reason is that in such scandal one does not specially intend the spiritual ruin of a neighbor, but only the satisfaction of one’s own desire. Thus, he who breaks the fast before others to satisfy his own appetite, does not directly wish the corruption of those others, and hence his sin is that of intemperance with the added circumstance of bad example.

(c) Active scandal, if it is only indirectly intentional and is offered by conduct not evil but evil-appearing, is reductively the special sin of scandal, For, since all active scandal is sinful, and in this case there is no other species of sin, the conduct not being really evil in itself, the sin in question must be reduced to scandal. Thus, one who is dispensed from the law of abstinence and who eats meat on a day of abstinence in the presence of others who know he is a Catholic but do not know he is dispensed, does not sin against temperance, but against edification. His sin is that of scandal only reductively, since he does not directly will the fall of others. There is also the circumstance that the law of abstinence may suffer as a result of the scandal.

(d) Active scandal, if it is directly intentional (see 1450), is directly also the special sin of scandal. For this kind of scandal directly intends the spiritual ruin of a neighbor, and so is directly opposed to a special good of another person and to the special charitable act of fraternal correction. Hence, a person who breaks the fast in order to lead his neighbor into a like transgression is guilty of both intemperance and scandal; he who to make his neighbor sin appears to break the fast, is guilty of scandal, but not of intemperance.

1467. Practical Applications of the Preceding Paragraph to Confession.--(a) Species of Sins.--In case of passive scandal there is only one species of sin to be confessed, namely, the intemperance occasioned by bad example; in case of active scandal indirectly intended and offered by evil conduct, there is only one species of sin, namely, intemperance, with the circumstance of publicity or bad example; in case of active scandal indirectly intended and offered by evil-seeming conduct, there is only one species of sin, namely, scandal; in case of active scandal directly intended, there is only the species of scandal, if the conduct of the scandalizer is only evil-seeming, but there are several species of sin, if his conduct is really evil, namely, his own intemperance and the scandal he gives.

(b) Number of Sins.--As many sins of scandal are committed as there are persons present to be scandalized, for scandal is given to those present as individuals, not as parts of a group (see 219). Hence, one commits more scandals by being drunk on a public street than by being drunk with a roomful of companions; and by attacking religion before a large assembly than by attacking it before a small circle.

(c) Circumstances of Intention and Conduct.--Those who give bad example should confess especially the end and the means employed, for on these depends the important distinction between directly intentional and indirectly intentional scandal and the specific character of the sin committed, as explained in the preceding paragraph.

(d) Circumstance of Condition of the Persons Involved.--This should be mentioned in confessing scandal, if it adds a new malice. Thus, the fact that scandal is given by a superior bound by his office to give good example, adds to the violation of charity a violation of justice; the fact that the person whose ruin is intended is consecrated to God, or married, or a relative, adds to the malice of intentional scandal against chastity; the fact that a person is scandalized entirely against his will, makes the sin scandal rather than simple solicitation.

(e) Circumstance of the Result of Scandal.--The results of scandal should be confessed when they add a new malice to the sin or induce an obligation of restitution. This subject will be considered in the three following paragraphs.

1468. Is the scandalizer guilty of the species of sin to which his conduct is calculated to lead the scandalized? (a) If the scandal is directly intentional, that is, if the scandalizer intends that some special sin or sins shall be committed by the one scandalized, the former is guilty in desire of that which he intends that the latter shall be guilty of in reality (cfr. 96, 102). Hence, if by calumniating clerics or religious or church members one intends that one’s listeners shall be induced to repeat these calumnies, or to do what the calumniated persons were said to do, or to abandon religion, one is guilty in desire of the particular sin or sins that one wills.

(b) If the scandal is only indirectly intentional, that is, if the scandalizer foresees but does not expressly will the fall of the scandalized (e.g., if he calumniates others to injure the calumniated and not those who hear the calumny), the matter is more difficult, and authorities differ in their opinions. Some moralists think that the scandalizer is guilty of the result he foresees, because he wills it interpretatively by offering the occasion for it. Others think that he is not guilty of the result foreseen, because he does not effect it, either in intention (for he does not desire it) or in reality (for he is not bound, except by charity, to prevent its accomplishment in others); he permits, but does not approve, the sin of his neighbor.

1469. A practical application of the previous paragraph to confession may be made as follows: (a) those who are guilty of direct scandal must confess not only their own sin, but also the sin to which their conduct leads their neighbor; (b) those who are guilty of indirect scandal are not obliged, according to the second opinion given above, to confess the species of sin to which their conduct incited the beholder, and hence, if their conduct was only evil-seeming, it suffices for them to confess that they gave scandal.

1470. Is the scandalizer responsible for the injuries to third parties resulting from the sins occasioned by his scandal?

(a) According to one opinion, he is bound to make his share of restitution for injustices occasioned by his own bad example, because it is admitted that he who counsels injustice is so bound, and example is more persuasive than words of counsel. Hence, one who steals from his employer before fellow-employees, and so brings on a custom of stealing among them, is bound to restore, not only what he took himself, but also a share of other losses not made good to the employer.

(b) According to the more common opinion, however, the scandalizer in the present case is not held to restitution, except as regards his own ill-gotten goods, even if there is question of scandal directly intended. For, either the scandalizer is not guilty of the injustice committed by the others, as not desiring it; or, at any rate, he is only the occasion, not the cause or cooperator in that injustice.

1471. If scandal amounts to incitation or cooperation, the guilt of the neighbor’s sin and responsibility for injury the neighbor causes are incurred by the scandalizer.

(a) Thus, bad example may amount to incitation to sin, as when a person knows that others are directed to imitate him, and yet he gives them bad example. Even though he does not directly intend their fall into sin, he does intend his own conduct, while realizing that there is attached to it the circumstance that it is an invitation to sin; and hence it would seem that the guilt of this sin is also contracted.

(b) Bad example may amount to cooperation in sin, as when a person by his bad example shows others the way to commit sin, which they could not have learned without his example. Hence, if a person opens a safe to steal, knowing that other dishonest persons are observing in order to learn the combination and steal, it seems that to some extent he shares in the guilt and duty of restitution of the thieves who learn from him. There is no doubt that a defamer is bound to make reparation, not only before his immediate listeners, but also before others who have listened to them; for, by defaming before talkative persons, he virtually authorized them to spread his words.

1472. The Gravity of the Sin of Scandal.--(a) From its nature all active scandal is a mortal sin. It turns man away from Christ (I Cor.,